In re: Irby Gene Dewitt

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999615972-2]; denying Motion for writ of mandamus (FRAP 21) [999608712-2] Originating case number: 4:04-cr-00795-TLW-4 Copies to all parties and the district court/agency. [999680410]. Mailed to: Dewitt. [15-1688]

Appeal: 15-1688

Doc: 10

Filed: 10/19/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1688

In re:

IRBY GENE DEWITT,
Petitioner.

On Petition for Writ of Mandamus.
(4:04-cr-00795-TLW-4)

Submitted:

October 15, 2015

Decided:

October 19, 2015

Before WILKINSON, AGEE, and HARRIS, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Irby Gene Dewitt, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-1688

Doc: 10

Filed: 10/19/2015

Pg: 2 of 2

PER CURIAM:
Irby Gene DeWitt petitions for a writ of mandamus seeking
an order directing the district court to resentence him.
conclude

that

DeWitt

is

not

entitled

to

mandamus

We

relief.

Mandamus relief is a drastic remedy and should be used only in
extraordinary circumstances.

Kerr v. U.S. Dist. Court, 426 U.S.

394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 51617 (4th Cir. 2003).

Further, mandamus relief is available only

when the petitioner has a clear right to the relief sought.

In

re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir.
1988).
appeal.

Finally, mandamus may not be used as a substitute for
In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th

Cir. 2007).

The relief sought by DeWitt is not available by way

of mandamus.

Accordingly, although we grant leave to proceed in

forma pauperis, we deny the petition for writ of mandamus.
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.
PETITION DENIED

2